Work related fatalities identification standards, work related fatalities identification standards

Article 22 In the event of the death of a worker or employee due to work-related disability and retirement, in accordance with the provisions of Paragraph A of Article 14 of the Labor Insurance Regulations, the average salary of the enterprise shall be paid by the administrative side of the enterprise or the employer for 3 months as funeral expenses, and the pension for supporting the immediate family members shall be paid monthly under the labor insurance** according to the following provisions: if the employee supports one of the immediate family members, the salary of the deceased shall be 25; 2 people, 40 of the deceased's own salary; If there are 3 or more people, the salary of the deceased is 50 per cent. This pension is payable until the dependant loses the conditions of dependency (see Chapter XI for the conditions of support).

Article 23 In the event of the death of a worker due to illness or non-work-related injury, death after retirement or death after retirement due to complete loss of labor force due to non-work-related disability, in accordance with the provisions of Article 14, Paragraph B of the Labor Insurance Regulations, in addition to the average salary paid to the enterprise under the labor insurance for 2 months as a funeral subsidy, and according to the following provisions, the relief expenses for supporting the immediate family members shall be paid to the immediate family members under the labor insurance ** for the next time: if the employee supports one of the immediate family members, the salary of the deceased himself shall be 6 months; for 2 people, 9 months' salary for the deceased; If there are 3 or more persons, the salary of the deceased is 12 months.

Article 24 When a worker dies or is completely lost due to work-related disability, and his or her immediate family members have the ability to work and the enterprise needs someone to work, the administrative side or the management shall hire them as soon as possible; The sons, daughters, younger brothers and sisters supported by them have the right to attend the schools run by the enterprise.

Article 25 When two or more members of the family work in an enterprise that implements labor insurance, and the immediate family members jointly supported by them die, one of them shall receive the funeral subsidy and shall not be repaid.

Not counted working hours at work location Death in the line of duty.

Obviously, it does not comply with the article on official duties.

Legal analysis: During working hours and at work, if you die of sudden illness or die within 48 hours after rescue fails, it is regarded as a work-related injury. Death is directly caused by work-related accidents or occupational disease poisoning.

Death at work injury or occupational disease while on leave without pay. Death from a work-related injury** or an occupational disease**. Work-related disability is identified as a level 1-4 disability and death while receiving disability benefits.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly salary of the employee in the overall area in the previous year.

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year. Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article. Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

The circumstances of work-related death are as follows:

1. Death directly caused by work-related accidents or occupational diseases. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; The pension for dependent relatives shall be paid to the relatives who provided the main livelihood and were unable to work according to a certain proportion of the employee's own salary;

2. During working hours and at work, if you die of sudden illness or die within 48 hours after rescue is ineffective, it will be regarded as a work-related injury. **If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**;

3. Death due to work-related disability is identified as level 1-4 and during the period of enjoying disability allowance. If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business trips;

4. Death during the period of suspension of work and salary due to work-related injury or occupational disease. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of his or her death. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;

5. Death from old injuries of work-related injuries or old diseases of occupational diseases. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in preparatory or finishing work related to work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) On the way to and from work, being injured in a traffic accident or an accident involving an urban rail transit, passenger ferry, or train accident that is not the responsibility of the person who is not responsible for the main search and cover;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: 1. Whether it is during working hours;

2. Whether you are at work, the determination of the job mainly depends on the labor contract, the testimony of the witness's state file, and whether the position that requires the work permit also depends on whether the job certificate is held;

The starting point of the hour is the time when the rescue begins, and the time of death is based on the time stated in the death certificate.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after the time of work loss; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; (6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

1. What are the criteria for determining work-related deaths?

1. The criteria for determining work-related fatalities are as follows:

1) During working hours and at work, if a person dies of sudden illness without hand or dies within 48 hours after being rescued, it will be regarded as a work-related injury;

2) Death directly caused by work-related accidents or occupational disease poisoning;

3) Death during work-related injury or occupational disease, suspension of work and salary;

4) Death from work-related injuries** or occupational diseases**;

5) Death during the period of disability allowance due to work-related disability identified as level 1-4.

2. Legal basis: Article 5 of the Measures for the Determination of Work-related Injuries.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or trade union organization may directly submit an application for determination of work-related injury in accordance with Article 4 of these Measures within one year from the date of occurrence of the accident injury or the date of diagnosis and identification of the occupational disease.

Seventeenth. If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof. If the employer refuses to present evidence, the social insurance administrative department may make a determination of work-related injury in accordance with law on the basis of the evidence provided by the injured employee or the evidence obtained through investigation.

2. What is the standard of work-related death treatment?

1. Enjoy the suspension of work and salary treatment, which shall be paid by the employer according to the normal salary during the ** and recuperation period;

2. Medical expenses, transportation, accommodation and food expenses shall be paid by work-related injury insurance**;

3. If the disability is caused, the disability subsidy shall be enjoyed;

4. The treatment that other workers should enjoy.

If an employee dies on the job, his close relatives can receive a funeral allowance, a pension for dependent relatives, and a one-time work-related death subsidy. The three fee standards are as follows:

1. Funeral subsidy:

The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2. Pension for dependent relatives:

It is issued to relatives who are unable to work, generally based on age (children under 18 years of age, spouses and parents, 60 years of age for men and 55 years of age for women). The standard is: 40 per month for spouses, 30 per month for other relatives, and 10 per month for each elderly or orphan with a positive code.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.

3. One-time work-related death subsidy:

The standard is 20 times the per capita disposable income of urban residents in the previous year.

Determination of Dead Worker: The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative confirmation to whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law.

The qualitative act of a worker who infringes on his or her person in the course of work or deemed work due to improper operation or other reasons, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department. <>